The International Law Commission held its sixty-sixth session in Geneva from May 5 to June 6, and from July 7 to August 8, 2014, under the chairmanship of Kirill Gevorgian (Russian Federation). Notably, the Commission revisited on “second reading” its work concerning the expulsion of aliens, so as to finalize thirty-one draft articles (with commentaries). The general thrust of this project has been to acknowledge the sovereign right of a States to expel an alien from its territory, but to identify or propose the rules that the State must follow when doing so that are protective of the rights of the alien. Additionally the Commission adopted on “first reading” twenty-one draft articles relating to the protection of persons in the event of disasters, along with commentaries. These draft articles address the rights and obligations of States affected by natural or man-made disasters, as well as the rights and obligations of States and international organizations that provide assistance to an affected State. Moreover, the Commission finalized its work on the topic of the obligation to extradite or prosecute (aut dedere aut judicare).

Work continued on several other topics on the Commission’s agenda: subsequent agreements and subsequent practice in relation to the interpretation of treaties; protection of the atmosphere; immunity of State officials from foreign criminal jurisdiction; identification of customary international law; protection of the environment in relation to armed conflicts; provisional application of treaties; and the most-favored-nation clause. A new topic of crimes against humanity was added to that agenda, while another new topic on jus cogens was placed on the long-term work program.

Justifying political decisions in legal terms has become an integral part of foreign policy, and even a ‘key aspect of modern war’ according to the former US deputy Advocate General. This realization of the 'power of law' at the same time reveals that international law is not immune to the evolving nature of international politics. Law's relationship to power, wealth and violence is more nuanced, complex and subversive than traditional perspectives on the normative thickening of international society envisage. This cross-disciplinary section of 5 panels will explore the various ways in which law not merely enables violence but even represents an instrument of violence itself. This runs from debates about the legal justification of military humanitarian intervention, Guantanamo Bay as a distinct juridical space, the role of lawyers in contemporary war rooms, the increasing “private” power of Foreign Investment and Trade Treaties, the colonial foundations of modern international law, to a reconceptualization of rights as governmental technologies, and more theoretical debates on the force of law by scholars such as Derrida, Foucault, Benjamin and Schmitt.

The Section Chairs are delighted to invite paper, panel, and roundtable proposals for submission. Deadline: 15 January 2015

Rodrigo Corredor Castellanos, Foreign Direct Investment: Ambiguity About Spillover Effects on Innovation and Possible Implications in the Field of Investor-State Disputes Relating to the Protection of Intangible Assets